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2013 SESSION

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HB 1430 Right to Farm Act; expands definition of agricultural operations, etc.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Right to Farm Act. Expands the definition of agricultural operations to include the commerce of farm-to-business and farm-to-consumer sales as well as commerce in other related items. The bill creates a rebuttable presumption that an agricultural operation is in compliance with local zoning ordinances when it operates on property that is zoned agricultural. The bill contains a clause providing that the provisions of the bill shall not become effective unless reenacted by the 2014 Session of the General Assembly.

SUMMARY AS INTRODUCED:

Right to Farm Act. Expands the definition of agricultural operations to include the commerce of farm-to-business and farm-to-consumer sales. The commerce and sale of certain items, such as art, literature, artifacts, furniture, food, beverages, and other items that are incidental to the agricultural operation, and constitute less than a majority amount of production or sales, or less than a majority of annual revenues from such sales, are defined as part of the agricultural operation. The bill gives persons engaged in agricultural operations a cause of action against the county or any official or employee of the county for violations of the Right to Farm Act. Two provisions of the bill are retroactively effective to the original enactment of the Right to Farm Act on July 1, 1981. The first is expansion of the definition of agricultural operation; the second asserts that any ordinance directed at persons, property, or activity on land that is zoned agricultural or silvicultural that seeks to restrict free speech or the right to assembly, among other rights, is null and void.